Owner Financing Mortgage Contract Template for Saudi Arabia

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Key Requirements PROMPT example:

Owner Financing Mortgage Contract

"I need an Owner Financing Mortgage Contract for a commercial property in Riyadh, Saudi Arabia, with a structured payment plan over 5 years starting March 2025, including quarterly installments and an initial 30% down payment."

Document background
The Owner Financing Mortgage Contract serves as a crucial legal instrument in Saudi Arabian real estate transactions where traditional bank financing is either unavailable or undesired. This document is specifically designed to comply with both the Saudi Arabian Mortgage Law of 2012 and Islamic finance principles, making it suitable for situations where property owners wish to finance the sale of their property directly to purchasers. It includes comprehensive details about the property, payment terms structured in a Sharia-compliant manner, security arrangements, and conditions for title transfer. The contract is particularly valuable in the Saudi Arabian market where Islamic finance principles must be strictly observed, and it provides an alternative to conventional mortgage arrangements while ensuring legal protection for all parties involved.
Suggested Sections

1. Parties: Identification of the Property Owner (Financier) and the Purchaser (Borrower), including full legal names and contact details

2. Background: Context of the transaction, including property ownership status and parties' intention to enter into Sharia-compliant owner financing arrangement

3. Definitions: Key terms used throughout the agreement, including Islamic finance terminology

4. Sale and Purchase Agreement: Details of the property sale agreement including purchase price and payment structure

5. Property Details: Complete legal description of the property, including title deed number and location

6. Payment Terms: Structure of payments, including down payment, installment amounts, and payment schedule (structured in Sharia-compliant manner)

7. Security Arrangements: Details of mortgage registration and security measures protecting the financier's rights

8. Purchaser's Covenants: Obligations of the purchaser including property maintenance, insurance, and compliance with regulations

9. Owner's Representations: Warranties regarding property ownership, authority to sell, and absence of encumbrances

10. Default Provisions: Consequences of default and remedies available under Saudi law and Sharia principles

11. Transfer of Ownership: Process and conditions for final transfer of property title upon completion of payments

12. Governing Law and Jurisdiction: Confirmation of Saudi law application and relevant court jurisdiction

13. Notices: Methods and addresses for official communications between parties

14. Execution: Signature requirements and witness provisions

Optional Sections

1. Guarantor Provisions: Required when a third-party guarantor is involved in securing the financing

2. Early Payment Provisions: Include when parties agree to allow early repayment options

3. Property Management: Required when specific property management obligations are imposed on the purchaser

4. Insurance Requirements: Detailed insurance obligations when property requires specific coverage

5. Additional Security: Include when additional collateral or security is required beyond the property itself

6. Third Party Rights: Required when other parties have existing rights that need to be addressed

7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

Suggested Schedules

1. Schedule 1: Property Description: Detailed legal and technical description of the property including boundaries and fixtures

2. Schedule 2: Payment Schedule: Detailed breakdown of all payments including dates and amounts

3. Schedule 3: Property Title Documents: Copies of relevant title deeds and registration documents

4. Schedule 4: Condition Report: Initial property condition assessment and documentation

5. Schedule 5: Required Insurance: Specific insurance requirements and minimum coverage details

6. Appendix A: Property Plans: Official property plans and drawings

7. Appendix B: Shariah Compliance Certificate: Documentation certifying the contract's compliance with Islamic finance principles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Islamic Banking

Financial Services

Property Development

Housing

Construction

Legal Services

Insurance

Property Management

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Finance

Property Management

Islamic Banking

Contract Administration

Business Development

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Islamic Finance Consultant

Real Estate Agent

Legal Counsel

Compliance Officer

Property Developer

Financial Advisor

Mortgage Specialist

Contract Administrator

Risk Manager

Real Estate Investment Manager

Property Valuation Specialist

Title Officer

Sharia Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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